HarvestEngine is broker-connected automation that helps you run direct indexing and tax-loss harvesting on accounts you already control. You make the trades and accept the risks; we're the toolmaker. These Terms are the agreement between you and Aubrey Holdings, LLC (d/b/a HarvestEngine.ai).
Effective 2026-08-05 · Last updated 2026-08-09
By creating an account or using HarvestEngine, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service. You must be at least 18 and able to form a binding contract. If you connect a custodial or a minor's account, you represent that you are the adult custodian authorized to act for it. The service is not directed to children under 13. We record your acceptance of these Terms when you create your account and when we ask you to review a materially updated version.
HarvestEngine provides software and information tools that connect to a brokerage account you already own, identify potential tax-loss-harvesting and portfolio-management opportunities based on your settings and data, and let you review and approve trades.
No advice; no fiduciary duty; no reliance. HarvestEngine is not an investment adviser, broker-dealer, or fiduciary, and nothing it provides is investment, legal, accounting, or tax advice. Outputs — including harvesting opportunities, replacement candidates, rankings, projections, and AI-generated summaries (from "Harvey," our AI assistant) — are general, model-based tools applied to data you supply. They are not personalized recommendations and are not a suggestion that any transaction is suitable for you. You are solely responsible for every trade you authorize. You should not rely on HarvestEngine as a substitute for your own judgment or for advice from a licensed professional. HarvestEngine does not owe you a fiduciary duty. Investing involves risk, including loss of principal; past or hypothetical performance does not predict future results.
You are responsible for the security of your credentials and for all activity under your account. You authorize HarvestEngine to connect to the brokerage account(s) you link and to read data and — only when you approve a trade, or under automation rules you enable and can change or disable at any time — to route orders to your broker on your instruction. HarvestEngine does not take custody of your assets, does not hold your funds or securities, and never deducts fees from your brokerage account. Your broker (E*TRADE today; others on the roadmap) is the regulated intermediary, and your brokerage relationship is governed by your agreement with your broker.
Brokerage acknowledgement. By connecting a brokerage account (including an E*TRADE from Morgan Stanley account) and using the service, you acknowledge and agree that: (a) your brokerage — including, for E*TRADE accounts, E*TRADE Securities LLC and Morgan Stanley Smith Barney LLC (together, the "Brokerage") — is not responsible for the functionality of HarvestEngine or for any results obtained from using it; (b) your Brokerage does not endorse HarvestEngine and makes no representations or warranties regarding its performance, and HarvestEngine is not affiliated with, endorsed by, or sponsored by E*TRADE from Morgan Stanley or any other brokerage; and (c) your Brokerage is indemnified and held harmless by you from any liabilities that arise as a result of your use of HarvestEngine. Orders submitted through a brokerage API are not vetted until they reach the brokerage's systems, may be rejected by the brokerage, and may not be covered by brokerage guarantee programs that apply to orders entered on the brokerage's own website or apps (for E*TRADE accounts, the E*TRADE Complete Protection Guarantee does not apply to API-submitted orders).
Paid plans are billed in advance through our payment processor (Stripe) and automatically renew each billing period at the then-current price until you cancel. You authorize us to charge your payment method for each renewal. You may cancel at any time from your account settings or the Stripe billing portal; cancellation takes effect at the end of the current paid period. Except where required by law, fees already paid are non-refundable. We will give advance notice of any price change, and continued use after the change takes effect is your acceptance of it. Free or paper-only tiers may be offered and modified or discontinued at our discretion.
If you opt in to text messages, you consent to receive transactional SMS from HarvestEngine in four categories: (a) sign-in codes, (b) two-factor verification codes, (c) trade-approval links, and (d) account-security alerts (new-device sign-ins, broker-token expirations, kill-switch activations, and post-execution trade summaries). Message frequency varies. Message and data rates may apply. Reply STOP to opt out, HELP for help. Consent to receive texts is not a condition of using the service — a non-SMS sign-in method is available. Opting out of transactional security texts may limit SMS-based sign-in and alerts. The complete opt-in flow, the exact consent language shown at sign-up, and sample messages are on the SMS Terms & Opt-In page, which is incorporated into these Terms by reference. Carriers are not liable for delayed or undelivered messages.
HarvestEngine grants you a limited, revocable, non-exclusive, non-transferable license to use the service for your personal, non-commercial portfolio management. You may not: scrape, reverse-engineer, or copy the service or its models; resell or provide the service to third parties; interfere with its operation or security; use it unlawfully; or misrepresent your identity or authority over a linked account. All software, models, content, and trademarks are and remain HarvestEngine's (or our licensors') property. Third-party names (including your broker's) are the marks of their owners; their use here does not imply affiliation or endorsement.
The service displays market data from third-party sources, including your broker (E*TRADE) and market-data vendors (currently Yahoo and Massive). This data may be delayed or inaccurate, is provided for informational purposes only, is not a recommendation or a basis for any trading decision, and may not be copied or redistributed. Market data is provided "as is" without warranty, and the data providers are not liable for any decision you make based on it.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HARVESTENGINE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY HARVESTING OPPORTUNITY OR PROJECTION WILL BE REALIZED, OR THAT ANY TAX OR INVESTMENT OUTCOME WILL RESULT. THIRD-PARTY DATA (INCLUDING MARKET QUOTES AND BROKER RESPONSES) MAY BE DELAYED, INCOMPLETE, OR INACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARVESTENGINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITY, TRADING LOSSES, OR TAX LIABILITIES, EVEN IF ADVISED OF THE POSSIBILITY. HARVESTENGINE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE FEES YOU PAID TO HARVESTENGINE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) US $100. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (SUCH AS FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT).
The short overlay (when enabled) carries additional risk and only goes live after you acknowledge the 30-day paper-shadow report. Short positions can lose more than 100% of the position value; do not enable shorts without understanding that.
You will defend, indemnify, and hold harmless HarvestEngine and its officers, employees, and agents from any claim, loss, or expense (including reasonable legal fees) arising from (a) your use of the service, (b) trades you authorized, (c) tax positions you took, (d) your breach of these Terms, or (e) your violation of any law or third-party right.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to Section 12, the state and federal courts located in Santa Clara County, California have exclusive jurisdiction, and you consent to venue there.
Please read this section carefully — it affects how disputes are resolved. Any dispute arising out of or relating to these Terms or the service will be resolved by binding individual arbitration administered by JAMS under its consumer arbitration rules, rather than in court, except that either party may bring an individual claim in small-claims court. You and HarvestEngine each waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of arbitration by emailing legal@harvestengine.ai within 30 days of first accepting these Terms; opting out does not affect the other provisions of these Terms.
You may close your account at any time. Open positions stay at your broker — closing your HarvestEngine account just stops new automated trades and lets your existing broker token expire. We may suspend or terminate your access if you breach these Terms, if required by law, if your broker connection is revoked, or to protect the security or integrity of the service. We will give notice where practicable. Sections 2 and 7 through 12, Section 15, and this sentence survive termination.
We may update these Terms. For material changes affecting how we handle your data, money, or legal rights, we will email registered users, update the "Last updated" date, and ask you to review and accept the updated Terms. Changes take effect 30 days after posting; your continued use after that date is acceptance. Trivial corrections (typos, clarifications) get a "last updated" bump but no email. If you don't agree to a material change, stop using the service and close your account before the effective date.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and HarvestEngine for the self-service product and supersede prior discussions. Enterprise or institutional customers may separately negotiate and sign a Master Subscription Agreement; where one has been executed, that signed agreement governs for that customer only. Absent a signed agreement, these Terms govern.
Severability; no waiver; assignment; force majeure; notices. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. We are not liable for failures caused by events beyond our reasonable control. Legal notices to us go to legal@harvestengine.ai; notices to you go to the email on your account.
hello@harvestengine.ai for product, billing, or general questions. privacy@harvestengine.ai for data and privacy questions. legal@harvestengine.ai for service-of-process or formal legal correspondence.
HarvestEngine.ai is a product of Aubrey Holdings, LLC, a California limited liability company (DBA registered in Santa Clara County, California). HarvestEngine is software, not a registered investment adviser, and does not provide investment, tax, or legal advice.